What is a CT Claim, and Why Does it Matter?
In a CT claim, employees allege that repetitive activities at work—like heavy lifting or prolonged exposure to loud noise—gradually caused their injury. For employers and their defense teams, figuring out when the injury occurred is crucial because it determines which employer is responsible for covering workers’ compensation benefits.
California law often places the responsibility on the last employer who contributed to the injury. But what if an employee worked for multiple companies during this time? Defense attorneys can challenge these claims by examining whether a different employer should share or take on the liability.
How Defense Attorneys Can Shift Liability to Other Employers
If your company isn’t the only employer involved, it’s important to explore whether another employer should be added to the claim. To do this, you’ll need to gather evidence to show that a subsequent employer contributed to the employee’s injury.
Here’s how:
- Review Work History: Investigate where the employee worked before and after your client, focusing on whether those jobs contributed to the injury.
- Compare Job Duties: Did the employee’s tasks at a later job worsen their condition? If so, you may have grounds to shift liability.
- Medical Evidence: Look for signs in the medical records that show the injury got worse after the employee left your client’s employment.
Knowledge and Disability: Key Factors in Pushing Back the Injury Date
Under California law, for a CT claim to be valid, the employee must be aware of their injury and also know that it’s related to their job. This is where things can get murky. Sometimes employees don’t realize (or don’t report) that their ongoing pain or condition is work-related until much later, which can change when the “date of injury” is recognized.
For defense attorneys, this can be a powerful tool. If you can show that the employee didn’t actually know about their injury until after they worked for a subsequent employer, you may be able to push back the official “date of injury” and shift the liability.
Here’s what to focus on during depositions:
- When Did Symptoms Start? Ask the employee when they first felt the symptoms and when they first thought they were serious.
- When Did They Report the Injury? If there was a delay in reporting the injury, this could weaken the claim.
- What Medical Treatment Was Sought? Delays in seeking medical help can suggest the injury wasn’t as significant early on.
Case Law to Support Your Strategy
California courts have backed this defense strategy. In cases like State Compensation Insurance Fund v. WCAB (Rodarte), the courts have held that the injury date isn’t just about when the injury occurred—it’s about when the employee realized the injury was work-related. This gives defense attorneys a window to argue that the injury date should be pushed back, particularly when there’s a question of whether the employee knew about their disability at the time.
In another case, Honeywell v. WCAB (Wagner), the courts showed that if an employee didn’t know their symptoms were caused by work until much later, the injury date can be moved back. This can be a game-changer in a CT case.
Final Thoughts: What Employers Should Watch For
For employers facing CT claims, it’s important to know that liability isn’t set in stone. By partnering with skilled defense attorneys, you can challenge the timing of the injury and shift liability to other employers if appropriate. Make sure your legal team is asking the right questions and using case law to your advantage to limit your exposure in these complex claims.
